27 April 2008

 

the brownfields guru

One name, gentle reader, has kept cropping up as Rambling Rose has reviewed recent news reports re the controversial B. F. Goodrich land sale to City of Kitchener, the Kaufmann Lofts adaptive re-use project, and the proposed redevelopment of city-owned Centre Block lands-- Mitch Fasken. Herewith a backgrounder to a man some call "the brownfields guru":

  1. When he was president of Jannock Properties* ca 1977, Fasken was involved in the rehabilitation and redevelopment of two Mississauga properties:
    a. Streetsville 's 60-acre shale extraction and brick manufacturing site ( late 1800's-1992) redeveloped within the Erin Mills community as residential development completed in 2001.
    b. Cooksville's 182-acre quarry and brick-manufacturing site was transformed
    into a new community, planned for 2500 homes, apartments and condominiums, schools, parks, retail uses and storm management ponds by 1999, and after an investment of close to $45,000,000 by Jannock. (1) Another source informs its readers: "Over the past 10 years he has built projects in Arizona, Texas, Hamilton, Kitchener and Burlington." (2)
As he was overseeing those projects, Fasken  was actively involved with the Urban Development Institute (Chair of UDI/Ontario for 2002-2004) of and also the chair of the Urban Development Institutes “Brownfields Liability and Decommissioning committee” advocating the need for changes in legislation to foster the adaptive reuse of Brownfield sites in Ontario. In that role, Fasken lobbied the provincial government on behalf of the development industry on such issues as the Ontario Municipal Board reform, changes to the Planning Act, the Greenbelt legislation, and development charges, just to name a few. (2)

Currently, Mitch Fasken is the President of Kimshaw Holdings Limited and involved locally with Andrin Developments Ltd. (Kaufmann Lofts & Centre Block Redevelopment Proposal** and South Kitchener Holdings*** who purchased the 96 acre B. F. Goodrich site, Kitchener's largest industrial site, to be redeveloped into a multi-use business park 1.6-million square feet of industrial space, which will include warehousing and manufacturing space both for sale and for lease.

"The Kitchener-Waterloo-Cambridge area is
the top place in Ontario to invest in real estate,
with the most
potential
for future price appreciation of any area in the province..."--Toronto Star, 2007


In closing, a few Mitch Fasken quotes culled from a variety of sources:


Notes: * company's website information: "Jannock Properties is headquartered in Mississauga, Ontario. Its principal objective is to dispose of its assets in manner, which maximizes value for its shareholders and
distributes the net proceeds realized from those assets to shareholders in a timely fashion"; **Andrin
Limited, a large developer/builder of housing in Canada, building under the label Andrin Homes; *** co-owned by Dallas-based real estate giant Trammell Crow Co. and a private Texas equity firm, & company's regional developer, Mitchell Fasken.

Footnote:
"Toronto area companies are eager to flee higher real estate prices & Real estate investors, particularly out-of-town developers backed by large investors such as pension funds, are keen on the area. They are attracted by the diverse economy, long-term growth prospects and low industrial vacancy rates. Due to the ban on development in the greenbelt surrounding the Greater Toronto Area, they are also compelled to look further afield. Firms such as O.R.E. Development, Hopewell Development, Summit REIT, Belmont Equity Partners, GPM Managed Investments, Cooper Construction and Karanda Properties
have snapped up big chunks of land, especially along Highway 401. The buying spree has pushed up the price of serviced industrial land to $250,000 an acre, double what it fetched just two years ago." (3)

Photo copyright Sandamara Images 2004: teasel on Cambridge-Paris rail trail beside Grand River.

Sources: (1) to follow soon; (2) Rich Letkeman, Fasken: Help Us Develop Brownfields http://www.nopills.com/Articles.htm (3) Ron DeRuyter Industrial and commercial developers still see loads of potential in local market, The Record undated clipping; (4)Toronto Star, March 20, 2004; (5)http://www.ontla.on.ca/web/house-proceedings/house_detail.do?locale=en&Date=2001-10-23&Parl=37
&Sess=2&detailPage=/house-proceedings/transcripts/files_html/2001-10-23_; (6)
TERRY PENDER, Kaufman site breathes again The Record December 29, 2004.

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22 April 2008

 

homage to Gaia*


Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the
earth befalls the sons of the earth. If men spit upon the ground, they spit upon themselves.

This we know: The earth does not belong to man; man belongs to the earth. This we know. All things are
connected like the blood which unites one family. All things are connected. Whatever befalls the earth
befalls the sons of the earth.

Man did not weave the web of life: he is merely a strand in it. Whatever he does to the web, he does to
himself. Even the white man, whose God walks and talks with him as friend to friend, cannot be exempt
from the common destiny. We may be brothers after all. We shall see.-- Chief Seattle, cf. post medicine wheel & the web of life

Notes: ** All living and nonliving parts of the earth are a complex interacting system that can be thought of as a single organism. Named after the Greek earth goddess, the Gaia hypothesis postulates that all living things have a regulatory effect on the Earth's environment that promotes life overall
.

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20 April 2008

 

high hopes

















Next time you're found, with your chin on the ground
There a lot to be learned, so look around

Once upon a time
in a place that called itself Berlin (1853-1916) in Canada West, there were to be found lots of pioneer ants scurrying around. First to arrive in 1812 were " the first Germans [who] were plowboys until a Dorf [village] was founded in the Sand Hills, when they flocked to the workbenches...Rich men did not emigrate from Germany. Instead of the heavy-pursed it was mostly men with trades. Certain hand-workers had enough means to open a shop; some a few pieces of silver left over; and others who gave the captain of the sailing ship a bond in which they agreed, after reaching an American port, to be sold at auction to a farmer for three or four years and work off the crossing charge.” (1)

Just what makes that little old ant Think he'll move that rubber tree plant
Anyone knows an ant, can't Move a rubber tree plant
It took another decade until in 1825, John Hoffman and Samuel Bowers established a furniture factory on land donated by Benjamin Eby. A local historian tells us, “John Hoffman was then a boy not quite 17 years of age and all the wealth he had consisted besides his clothing, of “twenty-five cents.” He learned the carpenter trade with Samuel Bowers who came here the same year as Hoffman....[Readers are then told how the two boys went to various farmers seeking to acquire land to start village but were turned down.]....Finally they wended their course to Berlin to Benjamin Eby, to whom they were going for consolation after meeting with so many disappointments and refusals from the hands of their co-religionists. Benjamin Eby, after becoming acquainted with the cause of their downcast spirits, said,”Boys, if that is all, go up street and build a factory. I shall give you the land required.” Here they then erected the first cabinet factory in the County." (1) Later in 1832, Jacob Hailer purchased an acre of land to build house and workshops to manufacture chairs and spinning wheels.

By 1850, Berlin's population was 750 and few industries: a pottery, brewery, two small chair factories. The village was located at intersection of
Schneider’s Road & the Great Road (now King Street) from Dundas. Who could have dreamed that this site of a dense cedar and tamarack swamp bounded by sand hills would someday become the City of Kitchener we now know?
But he's got high hopes, he's got high hopes
He's got high apple pie, in the sky hopes


During the 1840's, a steady flow of German immigration (Lutherans and Catholics from Hesse, Baden, Saxony, Wurttemberg) provided an influx of tradesmen into the flourishing village. In 1845, REINHOLD LANG ( 1817-1883) dropped by to visit the Berlin Saengerfest. Perhaps enchanted by the music, he returned to establish the Lang Tanning Company at the corner of Foundry (now Ontario Street) and King or perhaps he saw distinct possibilities in the swamp he found at that location. Another historian tells us: “Foundry (now Ontario) to Queen Street– Almost the whole of the block was a spongy swamp, with willow trees along the edge. Cattle could scarcely go into it as they would sink. Up to 1850 there was no building up to Gaukel’s Hotel at the corner of King Street. Along the street [i.e. King} front there was an elevated sidewalk erected on cedar posts with stringers. The sidewalk was about six feet wide and high enough to enable boys to explore underneath as, of course, they used to do.” (2)
So any time you're gettin' low,'stead of lettin' go
Just remember that ant--
Oops there goes another rubber tree plant
A decade later another German immigrant from Hesse,  Louis Breithaupt met an enchanting young lady, Catherine Hailer, daughter of Jacob the manufacturer of chairs and spinning wheels. Louis moved to Berlin in 1857 to marry his beloved and to establish Eagle Tannery *1858) &  Breithaupt Leather Co: Tanners and Merchants (1861) This trend continued and is summed up thus: "German businessmen supported by numerous skilled craftsmen and artisans who had emigrated from Germany dramatically changed economic lifestyle of town: from the beginning Berlin’s political leaders evinced a positive attitude toward economic growth; and this was clearly seen in the village and more especially after 1870 in the town council’s policies. Almost all of the councillors from the time of Berlin’s incorporation as a village tin 1854 to the 1880's were German businessmen or merchants....and with one or two exceptions, all were of Germanic origin and supported at the polls by a solid phalanx of German workers. It is hardly surprising that this council encouraged and promoted new businesses by tax concessions and municipal assistance–especially when the business coming before council were almost always inaugurated by Berlin’s own citizens. As early as 1868 the municipality had begun to grant tax exemptions to encourage local citizens to expand or develop new industries...” (3)
When troubles call, and your back's to the wall
There a lot to be learned, that wall could fall


In 1874, Reinhold Lang and Conrad Steubing introduced a motion favouring factories that is adopted by Council: “That this council, with the view to fostering and encouraging the coming of manufacturing establishments to this town, offer as an inducement that all manufactories be exempted from taxation for five years and that an annual bonus, equal to the rental of the building required, be granted, provided that the continuous employment of not less than seventy-five hands in each such establishment be guaranteed.” (1)
Once there was a silly old ram
Thought he'd punch a hole in a dam
No one could make that ram, scram
He kept buttin' that dam...but he's got high hopes, he's got high hopes
He's got high apple pie, in the sky hopes

By 1904, Berlin had become “a town of smokestacks” which contained more brick factories than any town or city of its size in Canada. The smoke from the factories floated over the houses no matter where the wind is.” (4) Nothing appeared to stop Berlin's growth as a premier manufacturing centre: not a war (simple: just change the city's name to that of a popular first world war hero Lord Kitchener), not a Depression, nor a second world war (that offered up another stream of immigrants and post-war rebuilding opportunities and a huge consumer market). It took a few decades until Berlin/Kitchener's manufacturing sector fully felt the impact of NAFTA and the post-modern globalization trend starting shutting down all of those factories one by one. When Rambling Rose came home from the west that was reeling under the impact of the 1982-84 recession, she was told that economic disaster could never happen here as this area was founded on a diversified manufacturing base. Well, it has happened here and now Berlin/Kitchener has an abundant supply of empty factory buildings littering its downtown core. What to do?
So any time you're feelin' bad
'stead of feelin' sad
Just remember that ram
Oops there goes a billion kilowatt dam

What to do now? City Council resolved to use tax incentives and to waive development fees to draw outside investors -- just had been done in 1874. Was Council aware of the historical precedent or just continuing the ant-like behaviour that appears genetically inbred locally? The current policy appears to be working as this review of empty factory buildings undergoing adaptive-reuse projects demonstrates. Berlin/Kitchenerites still entertain high hopes!

Photo 3: Kaufmann Rubber factory building was built in stages (1908/1911/1920/1925) by Alvin Ratz Kaufman. This enterprising 22 year old started a family business in 1907 called The Kaufman Rubber Co. He got his father, Jacob Kaufman, who owned a lumber business, to finance the venture. A.R. started by making rubber boots for industrial workers and farmers. In July 2000 the legendary maker of Sorel boots and other footwear went out of business. About 650 workers lost jobs, and many never received all of their severance pay. Photo shows the building's current conversion into with 11 foot ceilings. Kimshaw Holdings/Andrin Developments bought the 180,000-square-foot building a few years ago. [Kimshaw president Mitch] Fasken is quick to credit the package of incentives the City of Kitchener provides to developers who take on brownfield projects. Kitchener waived fees and development charges worth about $1.4 million to get the loft project going. But once the Kaufman building is redeveloped it will produce about $1.2 million a year in property taxes, up from the $66,0000 in taxes the empty building now generates." (5)
All problems just a toy balloon
They'll be bursted soon
They're just bound to go pop
Photo 5: Interior Hardwood Co 72 Victoria St S was purchased in 2007 by Allied Properties Real Estate Investment Trust @ purchase price of 13.9 M from Waterloo Warehouse Equities (Victoria) Ltd who had in 1999 undertaken a conversion of the former factory into 85,610 sq ft office space featuring hardwood floors and exposed beams. Allied has high hopes for this property located in an "emerging urban neighbourhood with the same historic character and mix of uses that have made our current target markets so successful.”–Michael Emory, CEO Allied Properties (6)
Oops there goes another problem kerplop

Photo 2: Boehmer Box factory now houses "a dozen small businesses and artists' studios. The former box factory dates to the 1920s and was purchased by Krish Judge in 2004. The building is in the middle of a renovation project, valued at more than $375,000, aimed at bringing it up to fire codes. Last summer building owner Judge evacuated tenants on July 6, eight days after the province issued a stop-work order on renovations that had disturbed asbestos in the building's insulation. (7)
Oops, there goes another problem kerplop
Photo 4: Lang Tanning factory (5.6 ha site & 400,000 sq ft building) was purchased 07 by Cadan Inc, Toronto real estate developer from Ball Brothers @ purchase price of PP $9.4 M. Ball Brothers had purchased the building in 1983 and rented out space to a mix of retail businesses. Cadan Inc has high hopes for this building and plans to lease space to : “People like designers, lawyers or accountants–people who want funky office space, people who have interesting retails space, people who want open spaces so the restaurants can spill out into the courtyard.” – Lana Sherman, managing director (8)

Oops, there goes another problem kerplop
Photo 1: Rumpel Felt Co, one of the region's oldest manufacturers, will stop producing felt in March after 132 years but will continue as a wholesaler from its factory at the intersection of Victoria and Duke streets in downtown Kitchener. Founded as the Berlin Felt Boot Co. in 1875 by George Rumpel nickname "Felt King of Canada" as a home-based business to produce felt "lumberman" boots that were ankle-high and meant to be worn inside rubber boots. The company was sold to the Consolidated Felt Co. in 1909, with the Rumpel family remaining at the controls. Three years after that sale, the Rumpel family started another felt company. In 1916, the business established a factory at the corner of Victoria and Duke streets, where it has operated ever since." (9)
Kerplop!

Notes: for those readers desiring to learn more about early Berlin/Kitchener, RR provides links to these previous blogs:

  1. Louis Breithaupt (1827-1880), "first citizen of Berlin"
  2. black ghost haunting
  3. born of necessity, the prologue
  4. broken wings

Photos copyright Sandamara Images 2002-2006.
Sources: (1) W V Uttley, A History of Kitchener Ontario; (2)Jacob Stroh, “Reminiscences of Berlin (now Kitchener),” WHS 1932; (3)English & McLaughlin, Kitchener An Illustrated History (1983); (4)Visiting journalist quoted by English & McLaughlin History of Kitchener; (5) TERRY PENDER, Kaufman site breathes again The Record December 29, 2004; (6)Matt Walcoff, Lang Tanning Building sold, The Record 1 Dec 07; (7)oops: lost the source-- a Record report, likely by T. Pender in 2007; (8)Matt Walcoff, Lang Tanning Building sold, The Record 1 Dec 07; (9) MICHAEL HAMMOND After 132 years, Rumpel Felt to halt production in March, The Record December 18, 2007.

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05 April 2008

 

the "frivolous, vexatious" appellant





















On October 19, 2007 Region of Waterloo Commissioner of Planning gave draft approval to three subdivisions at 250, 340, 450, and 500 Wilmot Line that would permit residential development of 132.68 ha land to create roughly 1,378 - 1,616 housing units for approximately 4,500 persons. That decision was appealed "on the last day for appeals, at 4:35 p.m., 5 minutes after the Regional Administration Building had closed its doors for the day," (1) by none other than the "frivolous, vexatious" appellant who is the subject of this blog.

The "frivolous, vexatious" appellant is Louisette Lanteigne, a concerned local resident who was not satisfied that due diligence had been applied in the land use planning process in "the completeness of the environmental surveys regarding:
  1. the amphibian surveys;
  2. the completeness of the surface water and ground water feature; and
  3. the fish and habitat surveys." (2)
The developers countered with a Notice of Motion to dismiss her appeal on a variety of counts including a) "the appeal discloses no apparent land use planning ground" and b) "the appeal is not made in good faith and is frivolous and vexatious and only for the purpose of delay." As well, the motion asked for "costs of this motion, including counsel and consultant fees, on a substantial indemnity basis" & "such further and other relief as counsel may advise and the Board may permit."(1)

In presenting the developers' case, their lawyer included a string of assertions about this "frivolous, vexatious" appellant:
After hearing both sides of this dispute, the OMB delivered its ruling on 18 March 2008 stating that "the only question of any substance in the appeals filed, is whether proper planning regard has been given ...to protecting the natural environment in the area. The best way to determine this...is for the matter to proceed ...to a hearing regarding the completeness of the studies associated with the three subject areas.... The Motion to dismiss the appeals of Louisette Lanteigne without a hearing is denied. The Parties are directed to confer with each other and within 45 days of the issuance date of this decision advise the Board about scheduling a hearing concerning the appeals." (2)

Of particular note, in the OMB decision are the following comments made:

  1. "The Board ....finds that the appellant has diligently filed her appeal and has responded in a timely fashion to requests for clarification of her issues";
  2. "Her response material also contains the affidavit of an expert who supports her contention that some of the environmental studies may be flawed...[and that] the alleged flaws ...could affect how the matters might be decided by the Board and represent land use planning grounds worthy of adjudication."
  3. "Her actions to date have been appropriate and consistent with a proper appeal..." (2)
The forthcoming appeal will require approximately $20,000 to pay for the environmental lawyer who will be representing her and this community -- for now, this concerned citizen and stay-at-home mother of three children has risked her home to stop urban sprawl that is threatening our local water supply. She needs all of our help and hence this post.

Gentle readers of this blog can visit her website to use paypal and/or tipping point to contribute financially to this appeal; other gentle readers might considering donating the cash equivalent of five bottles of water directly to a Toronto Dominion/Canada Trust savings account set up to fund this appeal: any branch will accept cash deposits to savings account # 3659-5210819. Please help to ensure a fair hearing regarding legitimate concerns affecting our water supply and natural environment can proceed. Thank you, Rambling Rose


Notes: * requested were "separate monitoring and related analyses of groundwater and surface water [that] represent important components of baseline studies for these lands"(3); when Ms. Lanteigne had time to review the "substantial binder" she found that " a full inventory [of groundwater and surface water monitoring] was not completed during 2003 or 2004....limited data was used....and this focussed on data collection during the autumn months. Thus, the spring thaw, when the greatest groundwater and surface water volumes occur on the subject lands were excluded from these analyses." (3)

Photos copyright Sandamara Images 2005 L to R: Waterloo Moraine at Wilmot Line location of three proposed subdivisions is the source location for the Laurel Creek subwatershed and ground water drinking supplies; Laurel Creek downstream at Fischer Hallman Road.



Sources: (1) Notice of Motion filed 27 February 2008 by Activa Holdings Inc, Townline Estates, and Wm. J. Gies Construction Ltd. with the Ontario Municipal Board, in session at Council Chambers, City Hall, City of Waterloo, ON; (2) Ontario Municipal Board order issued 18 March 2008 by J. P. Atcheson denying the Activa/Townline/Gies motion to dismiss the Lanteigne appeal; (3) 4 January 2008 letter by L. Lanteigne to S. Rogers, the lawyer representing the aforesaid developers.

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04 April 2008

 

disputed lands backgrounder

Rambling Rose has posted relevant background information as to the three disputed subdivisions in City of Waterloo in the following posts:

    1. Who will save the Wilmot Line? posted Sunday, March 27, 2005 & asks the question: Is the City of Waterloo facing an impending housing shortage? Does that impending shortage justify incursions on the natural capital of the Region of Waterloo and the associated risks to the sources of its drinking water supply?
    2. who will save the Wilmot Line? (reprise) posted 06 July 2007 draws attention to several unresolved issues: There appear to be several key issues that still need to be addressed:
      a) the cumulative impact of these three subdivisions on the entire Laurel Creek sub-watershed/...

      b) the subwatershed studies and scoped Environmental Impact Statements which have been prepared by a firm that stands to directly benefit from these subdivisions, i.e. the principal in PEIL is also a principal in the Vista Hills proposal.

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